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What Counts as a Hands-Free Device in West Virginia?

Published on Mar 5, 2024 at 3:52 pm in Car Accidents.

What counts as a hands-free device in West Virginia

As someone navigating the roadways here in the Mountain State, you’ve likely heard that using hands-free devices is permitted among drivers here. However, what type of technology actually falls into this category?

Below, we’ll share what counts as a hands-free device in West Virginia so that you can make sure you don’t end up on the wrong side of the law or become involved in a distracted driving crash.

What Are the Risks of Elective Surgeries?

Published on Feb 27, 2024 at 4:36 pm in Medical Malpractice, Personal Injury.

All surgery has its risks, as any doctor will tell you, even surgeries that are considered non-essential.

Elective surgeries are those that you can schedule in advance. While most people consider “elective” and “optional” interchangeable, that isn’t always the case. Elective surgeries or procedures are often not optional but are usually not immediately necessary.

Put more simply, it’s a surgery you choose to have for a better quality of life versus a surgery you need for a life-threatening condition.

How To Request Copies of Your Medical Records in West Virginia

Published on Feb 13, 2024 at 3:55 pm in Personal Injury.

How to Request Copies of Your Medical Records in West Virginia

There can be any number of reasons a patient needs a copy of their medical records, from switching primary care providers or just wanting a copy to keep for their own files at home. Obtaining these records may be important to understanding test results or other details of your treatment plan. These records may also include doctor’s notes, medical test results, lab reports, and billing information, which might be needed at any given time.

According to the federal Health Insurance Portability and Accountability Act (HIPAA), all patients have the legal right to request and obtain their personal medical records or those of anyone they have guardianship or power of attorney over. Additionally, the West Virginia legislature, specifically WV Code 16-29-1, also has provisions for patients’ rights regarding acquiring medical records.

How Often Should Windshield Wipers Be Replaced?

Published on Jan 30, 2024 at 4:02 pm in Car Accidents.

How Often Should Windshield Wipers Be Replaced?

Windshield wipers might not seem that important, especially in comparison to other auto parts like seat belts, brakes, and engines. But without properly functioning wipers, it can be hard to operate your vehicle safely. Understanding the basics of windshield wiper maintenance can help you protect yourself from accidents and related legal actions.

How Often Should You Change the Oil in Your Vehicle?

Published on Jan 29, 2024 at 3:41 pm in Car Accidents.

How Often Should You Change the Oil in Your Vehicle

The oil inside of your car’s engine plays a vital role in keeping metal parts lubricated, which prevents them from rubbing against each other. However, over time, engine oil will break down and transform from a smooth liquid into a thick gooey mess. If you don’t change the oil on a regular basis, it can clog the engine and increase the risk of serious damage to your vehicle.

How Often Should Engine Oil Be Changed?

You may have heard that you’re supposed to change your engine’s oil every 3,000 miles. However, that is largely outdated advice that only serves to help your local service station make more money. Generally speaking, you can go at least 5,000 miles before you need an oil change. Your owner’s manual will likely mention how often the oil should be changed as part of an overall vehicle maintenance schedule.

How Long Do You Have To Report a Car Accident in West Virginia?

Published on Jan 9, 2024 at 5:51 pm in Car Accidents.

How Long Do You Have To Report a Car Accident in West Virginia

As you’re well aware, auto accidents can take on many shapes and forms. As a passenger car operator, you can become involved in crashes with pedestrians and then different vehicles like bicycles, motorcycles, and trucks. You can even become involved in a single-car accident. And then these crashes may result in no property damage or injuries at all, or cause catastrophic injuries (including death). If you were involved in a crash while driving here in Charleston or elsewhere in our state, it’s only natural to wonder how long you have to report a car accident in West Virginia. Our firm, DiPiero Simmons McGinley & Bastress, PLLC, shares what you need to know so you minimize your chances of ending up on the wrong side of the law.

What Should I Do Immediately After a Dog Attack?

Published on Jan 9, 2024 at 5:46 pm in Premises Liability.

What Should I Do Immediately After a Dog Attack

More than 4.5 million people are bitten by dogs every year in the United States, and according to the CDC, at least half of those bites happen to children. Approximately 800,000 of the people bitten by dogs receive medical attention for their injuries. While dogs usually bite as a reaction to something, some dog breeds are generally more aggressive or more prone to biting.

Please seek medical attention if you’ve been bitten by a dog, even if you don’t think it’s that serious. Dog’s mouths carry all kinds of bacteria that can cause infections in humans who are bitten, and a “small nip” can easily turn dangerous if left untreated. And, if you suffered from a dog attack due to the negligence of a dog owner, our team at DiPiero Simmons McGinley & Bastress, PLLC can help you pursue legal action.

How Do Truck Tires Cause Accidents?

Published on Dec 6, 2023 at 7:56 pm in Truck Accidents.

How Do Truck Tires Cause Accidents
When you’re driving, you expect to encounter distracted or impatient drivers and people driving too fast or too slow, but you rarely expect to see tire pieces coming at you down the road or a large truck suddenly swerving sporadically because of a tire failure. Unfortunately, tire failure happens due to a number of reasons, and the results can be quite damaging.

According to the National Highway Traffic Safety Administration (NHTSA), there were 622 total motor vehicle fatalities in 2021 due to tire-related issues. In a 2012 Crash Causation Survey, the NHTSA found that 9% of tire-related accidents occurred with tires that already had problems before the crash.

How Do I Know if I Have a Concussion After a Car Accident?

Published on Dec 6, 2023 at 7:51 pm in Brain Injury.

How Do I Know if I Have a Concussion After a Car Accident
Car accidents happen every day and while some of them may seem small, you may have unseen injuries. Concussions can sneak up on you and can have severe consequences, especially if left untreated.

If you’ve suffered from a concussion or other head or brain injury, even if it wasn’t from a car accident, our team of Charleston brain injury lawyers at DiPiero Simmons McGinley & Bastress, PLLC can assist you with compensation.

West Virginia Medical Malpractice Laws

Published on Nov 17, 2023 at 7:52 pm in Medical Malpractice.

West Virginia Medical Malpractice Laws
A doctor, nurse, or health care facility hurt you, and now you’re dealing with the aftermath on your own. There is help available, though. The Charleston medical negligence attorneys at DiPiero Simmons McGinley & Bastress, PLLC have compiled information about some of the most important and relevant West Virginia medical malpractice laws.

If you have any questions about the content of this post or would like help understanding your own legal situation, we are always available to meet for no-cost, no-obligation case evaluations.

In this post, we’ll cover topics like:

  • How long you have to file a medical malpractice claim, and what exceptions, if any, may apply.
  • The types of health care providers and medical facilities that can be held responsible for negligent or reckless actions.
  • The four elements of negligence that every medical malpractice claim must meet.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.
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